DENPASAR: The Denpasar District Court sentenced a Swiss national to one year in prison recently for spreading hate speech over Nyepi (Day of Silence), a holiday unique to Balinese Hinduism.
“We hereby sentence the defendant Luzian Andrin Zgraggen to one year’s imprisonment,” presiding judge Tjokorda Putra Budi Pastima said during the hearing on Aug 20, after finding Zgraggen, 26, guilty of broadcasting information containing religious desecration.
The judicial panel determined that the Swiss man had violated Article 301 of the 2023 Criminal Code on broadcasting, displaying, posting written material or images or playing recordings, including through information technology, containing acts constituting the criminal offence of religious desecration.
“The defendant’s act has caused public concern and may potentially trigger social unrest and cause conflict within the community,” judge Putra said as he read out the verdict.
The sentence is three months shorter than the prosecution’s demand of 15 months and took into consideration several mitigating factors.
According to the judicial panel, Zgraggen has no previous criminal conviction, conducted himself respectfully during the trial, did not give a convoluted statement and admitted his action.
The judges also considered Zgraggen’s relatively young age and expect him to reform his behaviour. He “expressed remorse, apologised and promised not to repeat his conduct”, Putra said.
“It is also hoped that this case will serve as a message to everyone to respect the laws, religious norms and values prevailing in the community in which they reside and to refrain from committing similar acts,” the presiding judge added.
“It should be noted that the purpose of sentencing is not only to punish but also to seek to rehabilitate the defendant, so that his conduct may improve in the future.”
Zgraggen expressed remorse throughout the trial and said he did not intend to desecrate Balinese Hinduism. He has decided to accept the court’s sentence of one year and does not plan to appeal it.
Bali Police arrested Zgraggen shortly after an Instagram story posted to his account (@luzzysun) showed him venturing outside a villa on Nyepi, which fell on March 19 this year, despite the villa staff advising him that no one was allowed to leave the premises on the sacred Day of Silence.
He also wrote, “a day of silence where you’re not allowed to go outside in Bali is pretty peaceful outside:)” and used expletives to denigrate the holiday as well as local rules.
Balinese Hindus observe Nyepi to mark the New Year according to the Saka lunar calendar, when all markets, shops, offices, cafes, bars, restaurants and other public spaces are closed for 24 hours.
On the day, adherents must practice abstention in four key activities: amati geni (abstain from lighting fires), amati karya (abstain from work), amati lelungan (abstain from venturing outside the home) and amati lelanguan (abstain from entertainment). - The Jakarta Post/ANN
